SAIYYAD MUSADDIK VAHIDUDDIN KADRI @ IMRAN MANSURI HASANI vs THE STATE OF MAHARASHTRA

Judgment text excerpt

Digitally signed by SHAGUFTA SHAGUFTA QUTBUDDIN PATHAN QUTBUDDIN Date: PATHAN 2025.04.23 APEAL-1025-2019.doc 17:19:08 +0530 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.1025 OF 2019 Saiyyad Musaddik Vahiduddin Kadri @ Imran Mansuri Hasani, Age: 58 years, Occ.: Nil, R/o. 1603, Zainab Manzil, Khadia Street, Two Tank, Mumbai-400 008 Presently in Yerwada Central Prison, … Appellant Pune Versus The State of Maharashtra Through Mira Road Police Station … Respondents Mr. Tehwar Khan Pathan a/w Mr. Khan Ishrat Ali Azhar Ali and Mr. Mohammad Ahmed Khan for the Appellant Mrs. P. P. Shinde, A.P.P for the Respondent-State CORAM : REVATI MOHITE DERE & DR. NEELA GOKHALE, JJ. RESERVED ON : 26th MARCH 2025 PRONOUNCED ON : 23rd APRIL 2025 JUDGMENT (Per Revati Mohite Dere, J.) : 1 By this appeal, the appellant has assailed the judgment and order dated 28th March 2019, passed by the learned Additional Sessions Judge, Thane, in Sessions Case No.29/2013, SQ Pathan 1/24 APEAL-1025-2019.doc convicting him for the offence punishable under Section 302 of the Indian Penal Code (‘IPC’) and sentencing him to suffer imprisonment for life and to pay a fine of Rs.5,000/- in default, to suffer rigorous imprisonment for one month. 2 The facts as are necessary to deal with the case are- It is the prosecution case that between 8:00 p.m on 14th August 2003 and 7:35 a.m on 15 th August 2003, the appellant committed the murder of one scrap vendor-Julfikar Umarkhan with a weapon or sharp edged knife and be-headed the said person and set him ablaze by pouring kerosene or a like substance. The body of the person was found in a bathroom in a flat, being Flat No. 302 of Sai Aashiyana Co-op. Society, A-Wing, Mira Road, Thane. It is further the prosecution case that